36 1. 2. TO INCORPORATE [this decision] into the operative paragraphs of the decision of March 31, […] thus, establishing the criminal proceedings for the aggravated crime of abduction contained in paragraph (1) of article 152 of the Criminal Code against [two persons]; and, TO EXCLUDE [one person] from the criminal proceedings for the crime of abduction: basic definition contained in article 152 of the Criminal Code. 169 B.4.4. Criminal complaint and its processing 98. Criminal complaint. On April 30, 2014, the prosecutor of the Third Supra-provincial Criminal Prosecution Unit filed a criminal complaint before the sitting National Criminal Court of Lima, as follows: 170 a) Against seventeen individuals as presumed co-perpetrators of the crime “against liberty: abduction” contained in the first paragraph of article 152 of the Criminal Code (basic definition) in the original text. Of these only ten people were also accused of the aggravating factor contained in subparagraph (1) of this article, with the additional classification of the crime of abduction contained in article 152 of “crime against humanity” under international criminal law. b) Against one person as presumed perpetrator by omission of the crime of “rape” defined and penalized in article 170 of the Criminal Code, also classifying this as a “crime against humanity,” to the detriment of Gladys Carol Espinoza Gonzáles. c) Against one person as presumed perpetrator by omission of the crime “against humanity: torture” contained in the first paragraph of article 321 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles. 99. Indictment. On May 20, 2014, the First National Criminal Court issued the indictment instituting the criminal action as follows: Against: [seven persons] as presumed co-perpetrators of the crime against liberty: abduction contained in the first paragraph of article 152 of the Criminal Code - basic definition (original text) to the detriment of Gladys Carol Espinoza Gonzáles; against: [ten persons], as presumed co-perpetrators of the crime against liberty: abduction contained in the first paragraph of article 152, subparagraph (1) of the Criminal Code (original text), to the detriment of Gladys Carol Espinoza Gonzáles; against: [one person] as presumed perpetrator by improper omission (perpetration by omission) of the crime of rape contained in article 170 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles; and against: [one person] as presumed perpetrator by improper omission (perpetration by omission) of the crime against humanity: torture, contained in the first paragraph of Article 321 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles. 171 100. Lastly, in this indictment, the judge of the case ordered several judicial procedures to be carried out “for the due clarification of the acts that had been denounced.” VIII MERITS 101. It has been argued that the proven facts in the case constitute violations of several rights and obligations recognized in the American Convention and the Inter-American Convention to Prevent and Punish Torture, in relation to the obligation to respect and to ensure rights: a) Right to personal liberty (section VIII.1); 169 Expansion of the ruling on merits of the Third Supra-provincial Criminal Prosecution Unit of April 3, 2014 (evidence file, folio 12536). 170 Cf. Criminal complaint filed by the prosecutor of the Third Supra-provincial Criminal Prosecution Unit on April 30, 2014 (evidence file, folios 12537 to 12539). 171 12618). Indictment issued by the First National Criminal Court on May 20, 2014 (evidence file, folios 12617 and